1 2025:CGHC:4440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 116 of 2024 Tulsi Kumar Yadav S/o Ganpat Ram Yadav Aged About 35 Years Resident Of Village Bakaruma Charchakhapara, P.S. Dharamjaigarh, District Raigarh (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh through its Secretary, Department of Home, Mahanadi Bhavan, Atal Nagar, Naya Raip0ur, District Raipur (Chhattisgarh) 2 - The Director General Of Police, Police Department, New Raipur, District Raipur Chhattisgarh. 3 - Chief Medical And Health Officer Jashpur, District Jashpur Chhattisgarh. 4 - Superintendent Of Police Jashpur, Distt. Jashpur (C.G.) 5 - The Station House Officer Police Station Jashpur, District Jashpur (C.G.) 6 - District Magistrate Jashpur District Jashpur Chhattisgarh 7 - Tahsildar Tahsil Pathalgaon, District Jashpur Chhattisgarh. ... Respondents For Petitioner : Mr.Ajeet Kumar Yadav, Advocate For Respondents : Mr.S.S.Baghel, Deputy Government Advocate BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.25 10:52:35 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 24.01.2025 1. Heard Mr. Ajeet Kumar Yadav, learned counsel for the petitioner. Also heard Mr.S.S.Baghel, learned Deputy Government Advocate appearing for the respondents/State. 2. The present petition has been filed by the petitioner under Section 482 of the CrPC with following prayers :- “It is therefore prayed that this Hon’ble Court may kindly be pleased to allow this petition and to set-aside /quash the First Information Report registered at police station Jashpur, District Jashpur Chhattisgarh in Crime no.35/2016 under section 420, 468, 471, 34 of the Indian Penal Code, charge sheet as well as criminal proceeding pending before the learned trial Court below against the petitioner, in the interest of justice.” 3. At the very outset, learned counsel for the parties jointly submit that identically situated co-accused namely Afroj Malik Khunte had challenged the aforesaid FIR before the learned Single Judge in WP(Cr) No. 349 of 2016 (Afroj Malik Khunte v. State of Chhattisgarh & Others) in which the learned Single Judge had quashed the FIR. They further submit that the case of the petitioner herein is identical to that of the co-accused Afroj Malik Khunte. There was also an interim order passed by the learned 3 Single Judge on 05.03.2019 {in WPCr. No. 131 of 2019} and 21.07.2022 {in WPCr. No. 388 of 2022} on account of which the investigation could not proceed further. Learned counsel for the petitioner has also made a statement at the Bar that the order passed by the learned Single Judge in WP(Cr) No. 349/2016 has not been challenged by the State before any superior Court and that he has not filed any other petition before this Court challenging the impugned FIR, except the present one. The learned State counsel has admitted the said contention raised by the petitioner. 4. Considering the fact that the FIR No. 35/2016 registered at Police Station, Jashpur for the offence punishable under Sections 420, 468, 471, 34 of the Indian Penal Code, has been quashed by the learned Single Judge in WP(Cr) No. 349/2016 vide order dated 27.02.2018 in respect of the co-accused Afroj Malik Khunte and the case of the petitioner is identical to that of the co-accused, and the said order has not been challenged by the State before any superior Court, this petition is allowed and FIR No. 35/2016 registered at Police Station, Jashpur, in respect of the petitioner, under Sections 420, 468, 471, 34 of the Indian Penal Code, is also quashed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu